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I. The Treaty of Amsterdam

Published online by Cambridge University Press:  17 January 2008

Wendy Kennett
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Extract

The Treaty of Amsterdam, expected to come into force this year, opened up new horizons in relation to European civil procedure. Article 65 of the revised EC Treaty will bring various aspects of civil procedure within the scope of Community law, in so far as they are “necessary for the proper functioning of the internal market”.1 It states:

Type
Current Developments: Private International Law
Information
International & Comparative Law Quarterly , Volume 48 , Issue 2 , April 1999 , pp. 465 - 466
Copyright
Copyright © British Institute of International and Comparative Law 1999

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References

1. It remains to be seen how far this requirement exercises an effective limit on the legislation adopted. It has sometimes been loosely interpreted in other contexts.

2. Initially using the consultation procedure but with the possibility of a later move to the co-decision procedure.

3. The status of these conventions as EU conventions is emphasised by the fact that the parties are “Member States” rather than “Contracting Parties”.

4. The record of ratification of conventions agreed within the third pillar framework is not good.

5. For further comment see Kennett, W. (1998) C.J.Q. 284.Google Scholar

6. E.g. the Commission's ideas about the shape of the renegotiation which were put forward in a Communication of 26 Nov. 1997 (COM(97)609).